Friday, August 10, 2007

NYT on product packaging trade dress

It's changing fast. If consumers really do respond well to changes in packaging dress, then the need for protecting a stable trade dress seems lessened, or at least irrelevant; one might even speculate that recent judicial hostility to packaging trade dress protection encouraged marketers to find some other way to make trade dress work for them. This also raises the interesting question whether variation could constitute a protectable trade dress. (I considered ordering some customized Kleenex with pictures of the kids -- what a way to turn a commodity into a splurge good.)

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